The prosecutor says: "You went over there for a fight didn't you?"
McBurnie replies: "Definitely not".
I know Oli doesn't come over as the brightest but I can't imagine someone wearing a boot whilst recovering from 3 fractured metatarsals would be looking for a fight. Would he?
I'm hoping Oli gets off. I'm not a lawyer etc.
And importantly I'm only reading snippets from a Nottingham based journalist.... I'd just rather he'd used some different phrasing.
I'm hoping Oli gets off. I'm not a lawyer etc.
And importantly I'm only reading snippets from a Nottingham based journalist.... I'd just rather he'd used some different phrasing.
The prosecutor's are working towards trying to prove a charge that fits into the highest possible category in the sentencing guidelines. They're categorised from A-C for culpability and 1-3 for harm.
It seems from the focus on him getting revenge for what the alleged victim had said earlier, and also his claim that he suffered psychological and physical injuries, that the prosecution are pushing for what would be categorised as B - medium culpability and category 3 for harm.
Sentencing is further determined by previous convictions, he has one for drink driving but it doesn't have relevance on this charge so wouldn't be taken into consideration.
Sentencing can be custodial, community orders and fines dependant on category. For B3, the starting point is a high level community order and a fine.
Looking at the above and the case so far, I think it's weak at best, likely to be C3 with starting point of medium level community order
Edit - if found guilty in the first place, which I don't think he will be
The prosecutor's are working towards trying to prove a charge that fits into the highest possible category in the sentencing guidelines. They're categorised from A-C for culpability and 1-3 for harm.
It seems from the focus on him getting revenge for what the alleged victim had said earlier, and also his claim that he suffered psychological and physical injuries, that the prosecution are pushing for what would be categorised as B - medium culpability and category 3 for harm.
Sentencing is further determined by previous convictions, he has one for drink driving but it doesn't have relevance on this charge so wouldn't be taken into consideration.
Sentencing can be custodial, community orders and fines dependant on category. For B3, the starting point is a high level community order and a fine.
Looking at the above and the case so far, I think it's weak at best, likely to be C3 with starting point of medium level community order
Edit - if found guilty in the first place, which I don't think he will be
The defence case has closed. The prosecutor, Simon Jones, is addressing Judge Leo Pyle. He says the prosecution case is that the video (which went viral) shows the immediate aftermath of the stamps.
"We don't say that footage shows the stamps. That footage clearly shows the stamping motion and the anger".
The defence case has closed. The prosecutor, Simon Jones, is addressing Judge Leo Pyle. He says the prosecution case is that the video (which went viral) shows the immediate aftermath of the stamps.
"We don't say that footage shows the stamps. That footage clearly shows the stamping motion and the anger".
If that's the aftermath, then there is no case, surely? Brewster drags him to the ground, McBurnie stands over him (stamps maybe)... but if this is the aftermath, there is no video of the actual event.
But the video shot from the stands shows it from a wider angle. There is no "before" this video.
If that's the aftermath, then there is no case, surely? Brewster drags him to the ground, McBurnie stands over him (stamps maybe)... but if this is the aftermath, there is no video of the actual event.
But the video shot from the stands shows it from a wider angle. There is no "before" this video.
If that's the aftermath, then there is no case, surely? Brewster drags him to the ground, McBurnie stands over him (stamps maybe)... but if this is the aftermath, there is no video of the actual event.
But the video shot from the stands shows it from a wider angle. There is no "before" this video.
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